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Filed: Citizen (apr) Country: India
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Hello. I have met the 40 quarter requirement and therefore am exempt from the I-864 filing (I will be filing I-864W) instead. I have included in my I-130 front-loaded filing a copy of the letter from the Social Security Administration office confirming that my 40 quarter quota has been met. I will also have a copy of our joint tax return for 2012 once I finish them this week, though this will be a document used more for the bona fide marriage proof.

Taking this into account, do I still need to collect tax returns for myself and my wife for the past handful of years, and/or obtain letters confirming employment for my wife? I would imagine that would be a moot point since I am exempt from needing a sponsor. If these documents are in fact needed, I will have to get transcripts for my wife's past returns and also have her get that employment verification letter.

Thanks!

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You may need them to help the IO determine public charge considerations. I personally would obtain them and take them to the interview, but not submit them with the initial filing.

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Filed: Citizen (apr) Country: India
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  On 4/10/2013 at 9:08 PM, Hypnos said:

You may need them to help the IO determine public charge considerations. I personally would obtain them and take them to the interview, but not submit them with the initial filing.

Thank you for your response. I will make sure to have those documents in hand prior to our appointment. Just for my information, what do you mean by "public charge considerations?"

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Generally, immigrants must demonstrate that they will not become dependent on government means-tested programs before they are allowed to establish permanent residency in the United States.

Usually this is done by the immigrant filing an I-864 with sponsors and sometimes joint sponsors, to indicate that they have financial support in the US that they can turn to without needing to apply for public assistance. Someone who files an I-864W though does not need to submit tax returns or any financial evidence like this, but is still subject to public charge considerations, that they may need to show that they will not become a financial burden on the government. Someone young and in good health who is able to use an I-864W may not be asked for any additional evidence in this regard (I wasn't), but someone a little older, perhaps with health problems that required expensive medications or similar, they may need to demonstrate financial security through a well-paying job or extensive savings, etc.

If you're on the good side of 40 with few / no health issues I really doubt it will even come up, but I would have documentation of your job, wages and savings on hand just in case.

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Filed: Citizen (apr) Country: India
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Ah! So public charge considerations = proving that I won't be a burden on the government. Gotcha!

I am on the better side of 40, in good health, with a stable well-paying job, and a healthy investment account so I think I should be good as far as that point goes. Regardless, I will take your advice and gather all the documentation (W-2s, employment confirmation letters, investment reports etc...) to take with me to my interview. Better to be safe than sorry I guess. I'll be packing a mule with all the paperwork for the interview in any case, so what's a few more documents :)

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